Admissibility of evidence in its entirety

Notion(s) Filing Case
Vujin Contempt Appeal Judgement - 31.01.2000 TADIĆ Duško

92. The first such matter of principle is that a tribunal of fact must never look at the evidence of each witness separately, as if it existed in a hermetically sealed compartment; it is the accumulation of all the evidence in the case which must be considered. The evidence of one witness, when considered by itself, may appear at first to be of poor quality, but it may gain strength from other evidence in the case.[1] The converse also holds true.

[1] These propositions are not new. For a discussion of them in the domestic context, see, in Australia: Chamberlain v The Queen (1984) 153 CLR 521 at 535 (High Court of Australia); Regina v Heuston (1995) 81 A Crim R 387 at 391 (New South Wales Court of Criminal Appeal); in New Zealand: Thomas v The Queen [1972] NZLR 34 at 37-38 (New Zealand Court of Appeal); Police v Pereira [1977] 1 NZLR 547 at 532-533 (Supreme Court, Auckland); and in Canada: Regina v Morin [1988] 2 SCR 345 at 358 (Supreme Court of Canada); Regina v MacKenzie [1993] 1 SCR 212 (Supreme Court of Canada).

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